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Sheryl Starr

1303 Latham Court

Livingston, NJ 07039

November 28, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Petition to the FAA for Section 333 Exemption

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Sheryl 

Starr seeks an exemption from Federal Aviation Regulations (FARs) detailed below for the following 

described small Unmanned Aerial System (sUAS), which includes a small unmanned aircraft (sUA) and 

ground station-based equipment and crew.

APPLICANT:

Sheryl Starr

1303 Latham Court

Livingston, NJ 07039

973-368-7926

scstarrr@gmail.com (3 r’s)

CREDENTIALS:

 Licensed Private Pilot, Certificate Number 3128216

 Current 3rd Class Medical Certificate issued 9/29/15

 FCC Ham Amateur Radio License, Extra Class, Call Sign NJ2SS

 Active American Red Cross Disaster Operations Volunteer, ID 134683

 Real Estate Sales Associate License in the State of Florida, SL549646

 Phantom 3 Advanced FAA Registered N611HS

 DartDrones Training Classes 11/1/15 & 11/14/15

UNMANNED AIRCRAFT (UA) – DJI PHANTOM 3 ADVANCED:

 A lightweight (maximum gross weight of 3 pounds), battery operated, 4-motor rotorcraft in the 

form of a quadcopter that takes off and lands vertically, manufactured by DJI, with a 3-axial 

camera stabilization system.

 An on-board flight computer with GPS navigation and location ability that receives signals for 

flight controls from a ground-based transmitter / controller.
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 An on-board camera capable of capturing imagery in the form of full color, high definition still 

photos and video.

 An on-board telemetry system that delivers flight data from the on-board flight computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight, and direction back to its launch site.

 A 2.4 GHz on-board radio transmitter that transmits live video from the on-board camera plus

all the flight data from the telemetry system described above.

GROUND STATION-BASED PART OF THE SYSTEM:

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and 

who controls the UA while in the air.

 A 2.4 GHz radio transmitter / controller operated by the PIC to control the UA while in flight.

 A radio receiver receiving live video and flight data from the on-board camera and computer 

projects it all together onto a screen for the PIC to view during flight.

 A visual Observer (VO) who provides a second pair of eyes to visually track the UA while in 

flight.

PURPOSE FOR THE EXEMPTION:

The requested exemption would permit Sheryl Starr to pursue her commercial interests in providing 

services to clients using the above described Unmanned Aerial Vehicle (UAV) for aerial photography 

and videography services to provide high quality imaging for a variety of commercial, public, and 

residential uses, specifically targeting:

 Real Estate and Private Property Aerial Photography and Videography

 Inspections of Public and Private Structures

 Special Event Aerial Photography and Videography

 First Responders who might require assistance, including fire fighters, the police, the sheriff, et 

al.

 Increasing Public Knowledge of UAS and Promoting Safe UAS Operations

PUBLIC INTEREST

Aerial photography lends a unique perspective to the viewer. The angles of capture show areas that are 

not able to be seen by an earthbound photographer. This type of photography has been used for some 

time by real estate agencies and construction firms. Unfortunately, this is often cost prohibitive for 

small businesses and individuals. The expensive fees for traditional aerial photography companies have 

given large firms an advantage. With this Grant of Exemption, I would be able to offer affordable aerial 

photography and videography to small businesses and private individuals. 

The UAV, powered by batteries, is smaller, lighter, and more maneuverable than larger aircraft running 

on combustible fuel. It operates at lower altitudes with no people on board and will thereby reduce

current risk levels and enhance safety while diminishing the likelihood of death or serious bodily injury. 

Due to the size of the UAV and the tightly controlled and limited airspace in which the UAV operates, 

approval of this application offers no risk to national security. 
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FIELD OPERATIONS:

The UAV System will be operated in the field with both a PIC and a Visual Observer in accordance with 

FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following 

Restrictions: 

a) No flight will be made with a UAV Gross weight exceeding 55 pounds; 

b) All operations will occur in FAA Class G airspace at no more than 400 ft. AGL, at an airspeed of 

no more than 50 miles per hour and no further than 3/4 NM from the PIC; 

c) All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate by 

voice at all times during a flight operation; 

d) Operations will be restricted to flights over private property with the permission of the 

property owner; 

e) The PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a 

minimum of 100 flight cycles and 25 hours of total time as a UAV rotorcraft pilot and at least 

ten hours logged as a UAV pilot with a similar UAV type; 

f) All required permits will be obtained from state and local government prior to operation; 

g) The UAV System will not be operated over densely populated areas; 

h) The UAV System will not be operated at air shows; 

i) The UAV System will not be operated over any open-air assembly of people; 

j) The UAV System will not be operated over heavily trafficked roads; 

k) The UAV System will not be operated within 5 NM of an airport or heliport; 

l) Operations will be restricted to day only and weather conditions equivalent to VFR; 

m) The PIC will brief the VO and property owner about the operation and risk before the first flight 

at each new location; 

n) No flight will be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UAV is in a condition safe for flight (see Appendix A). 

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel 

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete 

a course of maintenance instruction as part of their initial training. 

I submit that the combination of the UAV's light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

Restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will have 

an equivalent or greater level of safety than manned aircraft performing the same mission.

LIST OF SPECIFIC SECTION 14 CFR FOR WHICH EXEMPTION IS REQUESTED:

 14 CFR 21, Subpart H – Certification Procedures for Products and Parts, Airworthiness 

Certificates

 14 CFR § 61.113 (a) and (b) – Certification: Pilot, Flight Instructors, and Ground Instructors

 14 CFR § 91.7 (a) – Airworthiness Required for Operation
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 14 CFR § 91.9 (b) (2) – Aircraft Flight Manual in Aircraft

 14 CFR § 91.105 – Flight Crewmembers at Stations

 14 CFR § 91.119 (c) – Minimum Safe Altitudes

 14 CFR § 91.121 – Altimeter Settings

 14 CFR § 91.151 – Fuel Requirements for Flights in VFR Conditions

 14 CFR § 91.203 (a) and (b) – Carrying of Civil Air Certifications and Registrations

 14 CFR § 91.405 (a) – Maintenance Required

 14 CFR § 91.407 (a) (1) – Operation after Maintenance

 14 CFR § 91.409 (a) (1) and (2) – Inspections

 14 CFR § 91.417 (a) and (b) – Maintenance Records

REQUESTED EXEMPTIONS

14 CFR 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR § 91.201 (a) (1). The size, weight and enclosed 

operational area of the UAS permits exemption from Part 21 because my UAS meets (and exceeds) an 

equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 

aircraft from the airworthiness certificate requirement under both the Act 49 U.S.C. § 44701 (f) and 

Section 222 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS’s from the 

airworthiness certificate requirement in consideration of the weight, size, speed and maneuverability 

and proximity to areas such as airports and dense populations.

14 CFR § 61.113 (a) provides that no person who holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot 

in command of an aircraft in connection with any business or employment if: (1) The flight is only 

incidental to that business or employment, and (2) The aircraft does not carry passengers or property 

for compensation or hire. A PIC with a private pilot certificate operating the Phantom 3 Advanced 

would not adversely affect operations in the NAS or present a hazard to persons or property on the 

ground.

14 CFR § 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or 

passengers, and given the size of the UAS, this regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining such manuals on location with the Pilot.

14 CFR § 91.105 requires certain actions by onboard crewmembers. Since the Phantom is unmanned, 

an exemption from this rule is requested.

14 CFR § 91.119 (c) requires all operation to remain no closer than 500 feet from persons, vessels, 

vehicles, and structures. The Phantom 3 Advanced will not be operated above the altitude of 400 feet 
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above ground level and will also only operate in safe areas away from the public and traffic, thus 

providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes.

14 CFR § 91.121 regarding altimeter setting is inapplicable insofar as the UAS utilizes electronic global 

position systems with a barometric sensor.

14 CFR § 91.151 provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for a least 30 

minutes. The UAV is battery operated and provides two low battery alerts. The first one is at 30% 

capacity and the UAV will be landed at the first alert. The second alert is at 10% capacity and the UAV 

would then land automatically.

14 CFR § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. 

They are inapplicable due to the UAV being too small to carry documentation. The equivalent level of 

safety will be achieved by maintaining such required certifications and registrations with the crew at 

the ground control station.

14 CFR § 91.405 (a); 14 CFR § 91.407 (a) (1); 14 CFR § 91.409 (a) (1) and (2); CFR § 91.417 (a) and (b) –

lists requirements for aircraft maintenance and inspections. These regulations are inapplicable since 

they only apply to aircraft with an airworthiness certificate. As a safety precaution, the UAS will be 

inspected before each flight.

Please contact me at any time if you require additional information or clarification. I look forward to 

supporting the FAA and the UAS community in their quest to establish proper regulations and 

protocols for the safe introduction of unmanned aircraft into the national airspace. 

Sincerely,

Sheryl Starr

Appendix A - Phantom 3 Flight Manual 

Appendix B - DartDrones Training Certificates
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APPENDIX A

Phantom 3 Flight Manual

Before you go

• Aircraft and Remote Controller Firmware up to date. 

• IMU / Gimbal / Remote Controller are calibrated. 

• Batteries (Phantom, Remote Controller (RC),Tablet/Phone) fully charged. 

• Micro SD card inserted into Aircraft camera slot and formatted as FAT32 otherwise the Camera/Video 

information will not be displayed. Check if there is enough storage space. 

• Inspect everything for obvious defects: 

o Turn motors shafts with your fingers and verify they are rotating smoothly without excessive play or binding. 

o Check the motors for debris, dust, dirt... Use a pressurized duster can to remove/clean. 

o Damping absorbers are in good condition, not broken or worn. Anti-Drop pins are in place and 

locked. 

o Gimbal is functioning as normal; Camera is secure and moving normally. 

o Camera lens is not dirty, spotted, smeared 

o VPS sensors are clean 

o Check condition of Gimbal/Camera black ribbon cables. Look for tears or signs of wear. 

o Battery is not swollen, leaky or damaged in any way. Contact needles and pads are clean. 

o Propellers are in good condition: not chipped, broken or worn. Run finger along leading and 

trailing edges. Flex both Blades to check for hairline cracks. 

o Remote Controller antennas are not damaged. 

o Inspect the frame near the screws for stress cracks. 

o From time to time, check ALL the screws (Frame/Motors and Gimbal), tighten when necessary 

(Do Not Overtighten). 

 If Wi-Fi is not available onsite, cache the map data of the area where you intend to fly by connecting to the 

Internet before leaving.

Pre-Flight

• Remove the Gimbal Lock. 

• Install propellers on proper axis and tighten a bit. 

• Mount Phone/Tablet (ensure it is firmly in place) and connect to Remote Controller using USB cable. 

• Set Phone/Tablet Volume & Luminosity to MAX (Install hood). 

• Turn WiFi & Bluetooth off, OR Turn Airplane Mode on OR Connect Tablet to Phone (Tethering) using 5Ghz or 

Bluetooth. 

 

• Close all running apps. 
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• Do NOT use any screen recorder apps, as these can cause video lagging and blackouts. 

• Position Remote Controller antennas properly: parallel and pointing upward. Make sure the flat sides are facing 

the Aircraft at all times; keep changing your body position and antenna tilt, if necessary, to keep wide flat sides of 

antennas pointed at Aircraft. This is more important the further the Aircraft is from the RC. Need to know: NEVER 

point tips of antennas directly at the P3 (like a gun barrel) – this is the lowest signal level situation. 

 

• Set Remote Controller flight mode to “P-Mode” position. 

• Insert Smart Battery, make sure it is secured. 

Power Up

• Turn Remote Controller power ON.

• Place Aircraft on level surface and locate in a safe launch and recover position. 

• Orient Aircraft nose pointing away from operator position. 

• Make sure the gimbal/camera is moving freely and not obstructed by tall grass or something, otherwise you 

will get a gimbal motor error. 

• Turn Aircraft power ON. 

o Gimbal/Camera is in a stable horizontal position. 

o Aircraft Status LED will blink rapidly when the Home Point is recorded. 

o Aircraft Status LED will slowly blinks green when the GPS signal is ok. 

o Remote Controller status LED should be turning green. 

• Launch DJI App then Tap “Camera” option. DJI App detects & connects with the Aircraft. 

• In the “Aircraft Status” window, check the current status of the Aircraft/Remote Controller/Compass. 

• If in a new launch area, tap “Calibrate” option and follow on-screen instructions to calibrate the Compass. 

• Cache the map data of the area where you intend to fly by connecting to the Internet before each flight. This 

can be done offsite, if Wi-Fi is not available onsite. 

• Check the Sensors values -> MC Setting/Sensors: 

Gyroscope: All the values as close to 0.00 as possible. Slight variations are OK but the MOD should not go 

over 1.0. 

 Acceleration: Again slight variations from 0.00 are OK for the XYZ but the MOD needs to be 1.0. 

Compass: The XYZ of the compass is its RAW readings. You need to make sure is that the MOD value is 

between 1400 and 1600. 

If you do not get these values: You MUST do an IMU Calibration and/or a Compass Calibration BEFORE 

you start flying. 

• Double-check your settings: Failsafe mode/Max Alt/Gimbal Speed/Expo/Gain/VPS on/off (for indoor flight -> 

MC Settings/Advanced Settings). 
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• Set RTH altitude (depends on flight location and surrounding) –> MC Settings/Advanced Settings/Failsafe 

Mode. 

• Enable “Multiple Flight Mode” in case you have (or want) to switch to A(TTI) or F(unction) Mode -> MC 

Settings/Advanced Settings, otherwise only the P Mode is available. 

• Make sure to use a Clear Frequency (set manually if needed) -> Image Transmission Settings. 

For Manual: Set Channel to Custom, and watch the noise graph for several minutes and watch for intermittent 

large spikes on any of the channels - be sure to avoid any of those channels. 

• Open the battery menu to check the battery status: 

o Confirm Low Battery Warning and Critical Battery Warning % settings. 

o Look at voltage per cell to make sure they all are equivalent. It's important to ensure your battery is in good 

health prior to takeoff. Flying with a battery that has one or more bad cells could cause the battery to 

discharge very quickly and/or cause your Phantom to shut off and drop from the sky. 

o Check batteries for number of cycles. Charge and discharge the battery completely once every 20 

charge/discharge cycles; this will help rebalance the battery. To discharge: when you come back from a flight 

and the % is fairly low, just hold it off in a hover at about a foot or two off the ground - it goes fairly quickly -

when you get to 8%, ease off the throttle and lands it at about 7%. If you land and let it idle, it takes forever. 

Then recharge it to maximum capacity. This power cycling procedure will optimize the battery. 

Takeoff

• Make sure Home Point is set where you are. 

• DJI App flight status ok to go (Safe to fly – GPS). 

• START Video/Sound recording, if needed. 

• Move both control sticks to lower-inner position to start motors (CSC). Propellers should start spinning slowly. 

DO NOT perform the CSC while flying, otherwise the motors WILL stop and ... 

• Make sure the motors are functioning normally: no unusual noise or vibration and they are all spinning at the 

same rate/speed. 

• Double check for nearby obstructions, people, power lines, electromagnetic interference (EMI), etc. 

• Execute Auto or Manual takeoff and move to Hover position (10 feet) for 30 seconds.

o Aircraft Status LED should be slowly flashing Green.

o Check stability of Aircraft (not drifting, no toilet bowl effect).

o Do short distance flight test.

o Confirm expected sticks operation.

• All checks OK – ready to go. Otherwise LAND IMMEDIATELY and investigate the issue. 

• Monitor Mode, Satellites Status, Aircraft Status, Remote Control and HD Video Link Signal Strength, 

Batteries Power Level(%) and Voltage (Should be >=3.3V. To monitor Voltage on the main screen, enable 

the "Show Voltage On Main Screen" setting in the "Aircraft battery" section of the DJI App settings). The 

colored zones and markers on the battery level indicator bar reflect the estimated remaining flight time. They 

are automatically adjusted according to the aircraft’s current location and status. Also, it is important to follow 

the little “H” on the Battery Level Indicator bar, which indicates the “Power requires to return home”. Pay 
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attention to low/critical voltage warning - a flight to empty battery can cause damage to the Smart Battery and 

crash. 

• Monitor Telemetry: 

H=Height, D=Distance (from takeoff), VS=Vertical Speed, HS=Horizontal Speed and last is the distance

between the surface and the Vision Positioning System’s Sensors. 

• During Flight: if Phantom ever seems to behave oddly, feel less responsive, does not fly in straight lines, is 

drifting or start moving without input, LAND IMMEDIATELY wherever you are and Recalibrate everything. 

It is HIGHLY recommended you switch to ATTI before Landing, in case the Compass and GPS are out of 

whack (“Multiple Flight Mode” must be enabled). If a defect or malfunction has occurred, it must be 

corrected before the next start. 

• Keep line-of-sight with Aircraft. 

• Go Slow, Fly Safe and Always be Aware of your Surroundings. 

Landing & Post-Flight

• Make relatively slow descents if coming straight down, to avoid getting into a Vortex Ring State (VRS). 

Maintain lateral movement when descending to keep the quad in "clean air" (zig zag, side-to-side, circle, etc.) 

or descend at an angle (preferably into the wind). 

• To land, hover over a level surface and gently pull down on the throttle gently to descend. To minimize flip 

over (especially if it’s windy), try to avoid unnecessary Forward, Backward and Lateral movement when 

landing. If it’s really too windy, you may want to hand catch the phantom, but please know what you're doing 

and be very CAREFUL; you could get hurt. 

• After landing, hold the throttle at its lowest position for 3 seconds or more until the motors stop. 

• Don’t forget to stop recording after you land (wait for the recording to stop before turning off) 

• Turn off the equipment in the following sequential order: 

1- Phantom Smart Battery then Remove the Battery (just in case you think it’s Off, while 

it’s Not...) 

2- Remote Controller 

• If you plan to do another flight, shutdown and restart the DJI App. 

• Before moving/storing away the Phantom: Remove Propellers, Re-Attach Gimbal Clamp. 
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APPENDIX B